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To: z3n

In some states, there exist laws that give homeowners the legal presumption of “reasonable fear” when the homeowner is inside the home and someone breaks into the house.

To my knowledge (and IANAL), Texas is the only state where lethal force may be used to protect property.

It pays to talk to a lawyer (or better yet, a DA) about the laws in one’s state about the use of force (lethal or otherwise) before a need arises to use it.


16 posted on 11/09/2007 9:33:32 AM PST by NVDave
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To: NVDave

Colorado allows the use of force, including deadly force to defend yourself, a third party and to some degree property. If NECESSARY to defend the property, for example against someone intent on setting it on fire (First degree arson).

You can defend yourself, or a third party through the use of deadly force if it is reasonable to believe the perpetrator is intend on doing the same to you, or you believe that you or the third party will be in danger of great bodily harm.


46 posted on 11/09/2007 9:57:17 AM PST by Rick.Donaldson (http://www.transasianaxis.com - Visit for lastest on DPRK/Russia/China/Etc --Fred Thompson for Prez.)
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To: NVDave
North Carolina "Castle Law".

§ 14‑51.1. Use of deadly physical force against an intruder.

(a)A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b)A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

(c)This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)

I guess everything will depend on if the felony (stolen property found in the perps car) will justify the action of the property owner. It may not since he only had a feeling something was wrong with the whole situation he found as he pulled into his drive. The lawyers for the defence will have a field day with this one. That is if it goes that far.

47 posted on 11/09/2007 9:58:22 AM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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